After the District Court for the District of Oregon dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc., the Ninth Circuit Court of Appeals partially reversed, holding Fred Meyer had failed to...more
Section 230 of the Communications Decency Act (CDA) provides federal immunity to website platforms from claims based on third-party content hosted on the website. 47 U.S.C. § 230(c)(1). Specifically, the statute provides that...more
On August 11, the Federal Financial Institutions Examination Council (FFIEC) issued guidance, titled “Authentication and Access to Financial Institution Services and Systems,” which provides financial institutions with...more
Today, the Supreme Court issued its opinion in TransUnion LLC v. Ramirez, holding that a concrete injury requires more than the existence of a risk of harm that never materializes. Accordingly, the vast majority of the absent...more
Joining the growing ranks of numerous district court opinions analyzing the effect of the Supreme Court’s 2020 severance of the Telephone Consumer Protection Act’s (TCPA) government-debt exception, a district court in...more
This article addresses the practical issues that arise when a class action defendant, in fact, wins a challenge to the named plaintiff’s Article III standing in federal court. How does such a ruling affect absent class...more
Yet another Seventh Circuit decision has affirmed that a violation of the Fair Debt Collection Practices Act (FDCPA) does not, by itself, create an injury-in-fact sufficient for Article III standing. This time, however, two...more
The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not...more
The U.S. Supreme Court heard oral argument yesterday in TransUnion LLC v. Ramirez, a case in which the Supreme Court is once again grappling with the requirements of Article III standing — this time in the context of class...more
On March 11, U.S. Representative Patrick McHenry (R-NC) reintroduced a bill to amend the Fair Credit Reporting Act (FCRA). H.R. 1645, the Protecting Consumer Access to Credit Act, would remove from a consumer’s credit report...more
A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000...more
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more
3/3/2021
/ Background Checks ,
Banking Sector ,
Bankruptcy Code ,
Banks ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Lenders ,
Student Loans ,
TCPA
On October 22, 2020, the Federal Trade Commission (“FTC”) announced the launch of its new consumer fraud-reporting website at ReportFraud.ftc.gov. The website will provide a reporting platform allowing consumer to directly...more
On September 21, 2020, the Consumer Financial Protection Bureau (“CFPB”) announced the settlement of its administrative proceeding against Lobel Financial Corporation (“Lobel”) – a California automobile lender that the CFPB...more
On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more
8/26/2020
/ Article III ,
Background Screening Services ,
Class Action ,
Class Certification ,
Criminal Background Checks ,
Discovery ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Job Applicants ,
Putative Class Actions ,
Spokeo v Robins ,
Standing
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
8/24/2020
/ Actual Damages ,
Article III ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Credit Reports ,
Defense Strategies ,
Dismissals ,
EFTA ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FRCP 23(a) ,
Injury-in-Fact ,
Personal Jurisdiction ,
Remand ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Truth in Lending Act (TILA)
The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more
8/5/2020
/ Background Checks ,
Background Screening Services ,
Consumer Information ,
Consumer Reporting Agencies ,
Consumer Reports ,
Corporate Counsel ,
Credit Reports ,
Criminal Background Checks ,
Due Process ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Guilty Pleas ,
Hiring & Firing ,
Independent Contractors ,
Punitive Damages ,
Putative Class Actions ,
Screening Procedures ,
Summary Judgment